House File 2242 - Introduced



                                       HOUSE FILE       
                                       BY  HUNTER


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the validity of marriages and providing for a
  2    task force to review the issues faced by spouses.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6093HH 81
  5 pf/je/5

PAG LIN



  1  1    Section 1.  Section 595.2, Code 2005, is amended to read as
  1  2 follows:
  1  3    595.2  GENDER == AGE.
  1  4    1.  Only a marriage between a male and a female is valid.
  1  5    2.  1.  Additionally, a A marriage between a male and a
  1  6 female is valid only if each party is eighteen years of age or
  1  7 older.  However, if either or both of the parties have not
  1  8 attained that age, the marriage may be valid under the
  1  9 circumstances prescribed in this section.
  1 10    3.  2.  If either party to a marriage falsely represents
  1 11 the party's self to be eighteen years of age or older at or
  1 12 before the time the marriage is solemnized, the marriage is
  1 13 valid unless the person who falsely represented their age
  1 14 chooses to void the marriage by making their true age known
  1 15 and verified by a birth certificate or other legal evidence of
  1 16 age in an annulment proceeding initiated at any time before
  1 17 the person reaches their eighteenth birthday.  A child born of
  1 18 a marriage voided under this subsection is legitimate.
  1 19    4.  3.  A marriage license may be issued to a male and a
  1 20 female two parties, either or both of whom are sixteen or
  1 21 seventeen years of age, if both of the following apply:
  1 22    a.  The parents of the underage party or parties certify in
  1 23 writing that they consent to the marriage.  If one of the
  1 24 parents of any underage party to a proposed marriage is dead
  1 25 or incompetent the certificate may be executed by the other
  1 26 parent, if both parents are dead or incompetent the guardian
  1 27 of the underage party may execute the certificate, and if the
  1 28 parents are divorced the parent having legal custody may
  1 29 execute the certificate; and.
  1 30    b.  The certificate of consent of the parents, parent, or
  1 31 guardian is approved by a judge of the district court or, if
  1 32 both parents of any underage party to a proposed marriage are
  1 33 dead, incompetent, or cannot be located and the party has no
  1 34 guardian, the proposed marriage is approved by a judge of the
  1 35 district court.  A judge shall grant approval under this
  2  1 subsection only if the judge finds the underage party or
  2  2 parties capable of assuming the responsibilities of marriage
  2  3 and that the marriage will serve the best interest of the
  2  4 underage party or parties.  Pregnancy alone does not establish
  2  5 that the proposed marriage is in the best interest of the
  2  6 underage party or parties, however, if pregnancy is involved
  2  7 the court records which pertain to the fact that the female a
  2  8 party is pregnant shall be sealed and available only to the
  2  9 parties to the marriage or proposed marriage or to any
  2 10 interested party securing an order of the court.
  2 11    5.  4.  If a parent or guardian withholds consent, the
  2 12 judge upon application of a party to a proposed marriage shall
  2 13 determine if the consent has been unreasonably withheld.  If
  2 14 the judge so finds, the judge shall proceed to review the
  2 15 application under subsection 4 3, paragraph "b".
  2 16    Sec. 2.  Section 595.19, subsection 2, Code 2005, is
  2 17 amended to read as follows:
  2 18    2.  Marriages between persons either of whom has a husband
  2 19 or wife spouse living are void, but, if the parties live and
  2 20 cohabit together after the death or divorce of the former
  2 21 husband or wife spouse, such marriage shall be valid.
  2 22    Sec. 3.  Section 595.20, Code 2005, is amended to read as
  2 23 follows:
  2 24    595.20  FOREIGN MARRIAGES == VALIDITY.
  2 25    A marriage which is solemnized in any other state,
  2 26 territory, country, or any foreign jurisdiction which is valid
  2 27 in that state, territory, country, or other foreign
  2 28 jurisdiction, is valid in this state if the parties meet the
  2 29 requirements for validity pursuant to section 595.2,
  2 30 subsection 1, and if the marriage would not otherwise be
  2 31 declared void.
  2 32    Sec. 4.  TASK FORCE == SPOUSES.  The legislative council is
  2 33 requested to establish an interim task force to review the
  2 34 issues faced by spouses including but not limited to property
  2 35 rights, access to courts, parentage, inheritance, hospital or
  3  1 health care facility visitation, health decisions, contract
  3  2 rights, workplace benefits, insurance coverage, retirement
  3  3 benefits, and other areas which require changes in the law to
  3  4 reflect the provisions of this Act.  The task force shall
  3  5 include representatives of the legal profession, the courts,
  3  6 the insurance industry, business and industry, labor,
  3  7 consumers who are spouses as provided in this Act, and others
  3  8 with interest or expertise in such areas.  The task force
  3  9 shall submit a report of recommendations concerning these
  3 10 issues, including any recommendations for necessary
  3 11 legislation, to the general assembly by January 1, 2007.
  3 12                           EXPLANATION
  3 13    This bill eliminates the limitation that only marriage
  3 14 between a male and a female is valid, provides for validity of
  3 15 foreign marriages without such limitation, and makes other
  3 16 conforming changes.  The bill also requests that the
  3 17 legislative council establish an interim task force to review
  3 18 the issues faced by spouses as provided in the bill, including
  3 19 but not limited to property rights, access to courts,
  3 20 parentage, inheritance, hospital or health care facility
  3 21 visitation, health decisions, contract rights, workplace
  3 22 benefits, insurance coverage, retirement benefits, and other
  3 23 areas which require changes in the law to reflect the
  3 24 provisions of the bill.  The task force is to include
  3 25 representatives of the legal profession, the courts, the
  3 26 insurance industry, business and industry, labor, consumers
  3 27 who are spouses as provided in the bill, and others with
  3 28 interest or expertise in such areas.  The task force is
  3 29 required to submit a report of recommendations concerning
  3 30 these issues, including any recommendations for necessary
  3 31 legislation, to the general assembly by January 1, 2007.
  3 32 LSB 6093HH 81
  3 33 pf:nh/je/5